47-18-2702 - Jurisdiction. - Tennessee Statutes

47-18-2702. Jurisdiction.

(a)  Any person subject to liability under this part shall be deemed, as a matter of law, to have purposefully availed themselves of the privileges of conducting activities within Tennessee, sufficient to subject the person to the personal jurisdiction of the circuit or chancery court hearing an action brought pursuant to this part.

(b)  An action for violation of this part may be brought:

     (1)  In the county where the plaintiff resides;

     (2)  In the county where the plaintiff conducts business; or

     (3)  In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed.

(c)  (1)  If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this part, it shall enjoin the defendant from a continuance thereof.

     (2)  In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant one hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within Tennessee, or ten thousand dollars ($10,000), whichever is greater.

(d)  The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in title 47, chapter 18, part 1, and any other applicable criminal, civil or administrative penalties.

[Acts 2001, ch. 173, § 2.]